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I have been leaving with my fiance for 7 years and i

Hello , i have...

Hello , i have been leaving with my fiance for 7 years and i discoved he cheated on me we have a 5 year old if i was to leave like can i make him let me have the house we live on an pay ailmonity n child support ...bc i habe been a stay at home home to care for the kids

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No

Lawyer's Assistant: Family law varies by state. What state are you in?

Ca

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Answered in 2 minutes by:
3/17/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,849
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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How is the house currently titled?

Is there any contractual arrangement between the 2 of you regarding your support, or the payment of expenses and child care?

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Customer reply replied 4 months ago
No there no name of nothing and he has just tols me that he would leave the house to me . Nothing in paper we havent discuss anything ...he has no shame he also said that he thought hia mistress was pregnant he makes enough money to paid . We are not married he has been treating making me believe we are...we have a joint checking account..

Thank you for the additional information.

First, if you and your child live apart from him then you are definitely entitled to child support payments from him based upon his level of income.

However, without any agreement for support or having title to the home, you will not be able to legally force him to leave. You can leave with your child, if you want, but you can not legally evict him from his home for cheating on you.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

By the way, as a joint account owner, you have legal ownership of all the money in the joint account. You can take any or all of the money without the consent of the other owner.

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 4 months ago
My other question was since he did said he would let me kept the house can i make him sign something and transfer title ..he said that he would do that and leave himself and pay for it
Thank you for following up.
Unfortunately, such a verbal offer is not legally enforceable. It would have to be in writing.
If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Did you have further questions? Have I answered your question? Please let me know.
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Customer reply replied 4 months ago
My question is i notarized it or write a paper and sign how do i do it. Can be enforceable
If you have an agreement that says he promises to support you if you stayed with him then that that might support a palimony claim. Such an agreement need not be notarized.
Otherwise, to claim the house you need a deed or last will.
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Customer reply replied 4 months ago
The deed with my name on it right ?
that is correct.
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Customer reply replied 4 months ago
Oh ok thanks

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Thank you for using JA.

Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,849
Experience: 30 years experience representing clients.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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